Terms and Conditions
CIAO VINO PTY LTD ACN 148 094 768
WEBSITE TERMS - RETAIL ALCOHOL SALES
1. These terms apply to your use of this website, including any offer to purchase and purchase of goods and services you make using this website. If you do not accept these terms you must not use this website.
2. By using this website you accept these terms. We may amend these terms at any time and any such amendment shall be effective at the time of publication.
3. This website is operated by Ciao Vino Pty Ltd ACN 148 094 768 of 31 River Street Richmond Victoria 3121 as the holder of Limited Licence No. 36129640 issued under the Liquor Control Reform Act 1998 (the Act). References to "we", "our" and "us" are references to Ciao Vino Pty Ltd. Restrictions applicable to Liquor Sales and Deliveries
4. Under the Act it is unlawful for us to supply liquor to any person under the age of 18. By offering to purchase liquor from us you warrant to us that you are 18 years of age or over.
5. We reserve the right to require proof of age upon delivery.
6. Under the terms of our Limited Licence, Liquor may only be delivered during the following hours:- a. between 9 a.m. and 11 p.m. on any day other than Sunday, Good Friday, Anzac Day or Christmas Day;
b. between 10 a.m. and 11 p.m. on Sunday. c. between 12 noon and 11 p.m. on Anzac Day; and d. no deliveries of Liquor are permitted on Christmas Day or Good Friday.
7. We cannot leave liquor at unoccupied premises.
8. If we cannot deliver your order because there is no person over the age of 18 at the delivery address you nominated who agrees to accept delivery, you will be liable for:
a. the delivery costs of the failed delivery;
b. any costs that our carriers charge us for returning your order to our warehouse or for holding your order; and
c. any further delivery charges (at the rates set out on this website), and you irrevocably authorise us to charge such amounts to the credit card that you used to make payment for your order.
9. All prices for goods available to purchase from this website are shown in Australian dollars and are inclusive of GST.
10. Delivery charges are additional. The charges for delivery are set out on this website and are inclusive of GST.
11. We reserve the right to amend any price or charge shown on this website, including any discount or promotion, before accepting your order. In that case we will contact you and you may withdraw or amend your order.
12. Any discounts and promotions advertised on this website shall be subject to the availability of stock and any order limit stated on the website. Orders
13. You may offer to purchase goods from us over this website at the prices shown on this website.
14. Our goods are advertised for sale on a retail basis only. If you offer to purchase our goods you warrant to us that you will not offer the goods for resale.
15. Our goods are advertised for sale on the basis that we will deliver them to your nominated address. Goods are not available in store, to examine or to pick up. If your nominated address for delivery is not within an area that we deliver to, we cannot accept an offer by you to purchase the goods.
16. Your offer must include the information specified by this website. You warrant that any information you provide to us using this website is accurate and complete.
17. Payment in full must be tendered with your offer in the method and manner described by this website.
18. If you provide us with financial information (including but not limited to your credit card information) for the purposes of making a payment, you authorise us to disclose that information to third persons for the purpose of the processing of your payment.
19. Upon receipt of your offer we may: a. accept your offer by communicating such acceptance to you; or b. reject your offer.
20. We are not obliged to accept your offer or to give any reasons for rejecting your offer.
21. If we have not accepted your offer within 10 business days of you having made it, your offer shall be deemed to have been rejected.
22. Even if we have accepted your offer, we may terminate any resulting agreement to supply you with goods and services, in whole or part, without cause and at any time prior to delivery of such goods or services. In that case we will promptly refund to you that part of any payment made by you and received by us referable to such goods or services (less any amounts due to us under clause 8).
23. Upon acceptance of your order, we will, subject to these terms, use reasonable endeavours to deliver the goods the subject of your order to the address for delivery nominated by you using this website. Our obligations shall be subject to the:-
a. standard delivery charges;
b. standard delivery time frames;
c. exclusions; and d. any other statements or restrictions for deliveries, set out in this website.
24. We may ship your order in separate deliveries.
25. Until we have received a cleared payment of immediately available funds: a. we reserve the right to defer delivery; b. title to any goods ordered by you shall remain with us and shall not pass to you.
26. The goods ordered by you shall be at your risk upon dispatch from our warehouse.
27. We shall not be liable to you for:
a. any delay in delivering your order;
b. any failure by us to complete your order or any part of your order; or
c. any breach by us of these terms, caused or contributed to by any matter beyond our reasonable control, having regard to ordinary commercial practice.
28. All orders are subject to availability. Nothing on this website constitutes an express or implied warranty that a particular product is in stock and available for purchase. If a product you order is out of stock we reserve the right to accept the remainder of your offer. We may contact you and suggest another product.
29. We reserve the right to substitute vintages.
30. Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired and replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Website Content and Operation
31. We give no warranty, express or implied, that information made available by this website is accurate complete or suitable for your purposes.
32. Images of stock appearing on this website are indicative only and are not a representation as to available stock or is to the vintage of any particular stock.
33. We give no warranty, express or implied, that this website will be available at all times.
34. We give no warranty, express or implied, that information passing between your computer and this website may not be intercepted, inspected, copied, or interfered with.
35. We give no warranty, express or implied, that this website will be free of errors, malicious code or other programming components that may damage your computer.
36. Your use of this website including all information made available by this website is at your own risk and you release and discharge us (and our officers employees and agents) from any and all claims arising out of to such use.
37. A reference on this website to goods or services offered for sale by someone other than us does not constitute a recommendation or endorsement of such goods or services.
38. We grant you a limited, non-transferable right to use this website for your personal use and strictly limited to the purpose of making offers to purchase our goods in accordance with these terms.
39. Subject only to clause 36, you must not do any act comprised in the copyright of any work comprised in or made available by this website without our written permission.
40. Nothing in these terms this website or otherwise shall grant or confer upon you any interest or right in or to any intellectual property rights comprised in this website including any information made available by this website and as between us, we shall remain the sole and unencumbered proprietor of all such intellectual property rights.
41. You must not do anything which may damage or impair this website or our business or which would infringe the intellectual property rights of us or our licensors.
42. These terms constitute the entire agreement between us with respect to their subject matter and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements.
43. The construction validity and performance of these terms shall be governed in all respects by the law for the time being in force in Victoria, Australia.
44. If any provision of these terms is invalid or not enforceable, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions.